Cervical cancer that goes undetected or untreated can be detrimental to a woman’s reproductive health and overall wellbeing. Women who have suffered cervical cancer injuries and damages because of the negligence of their healthcare provider may have legal options. However, the cervical cancer case process in Florida can be daunting without proper legal representation. An experienced attorney could help you navigate the overwhelming legal process if your doctor failed to treat your cervical cancer properly. En Español.
Understanding the Case Process in Florida
The first step a cervical cancer patient should take is meeting with an attorney. During a case consultation, the plaintiff should be honest with their attorney about what damages or losses they suffered as a result of their healthcare provider’s conduct. By having all the relevant information, an attorney could determine if the plaintiff has a valid legal claim that would justify compensation.
If a valid claim exists, the attorney could give notice to the defendant that a claim may be filed against them. This notice begins the Florida cervical cancer lawsuit process.
Florida Statutes 766.106 gives the cervical cancer malpractice defendant 90 days to decide if they want to attempt to settle the case before the plaintiff files the lawsuit. If the defendant does not want to settle, makes no attempts at settling negotiations, or makes an unsuccessful settlement offer within those 90 days, the plaintiff may then file their legal claim with the court.
It is important to note that if the case proceeds to trial, settlement could still be an option provided that the plaintiff and the defendant can agree on what a fair settlement would look like. Settlements may be the preferred method of resolution to a legal dispute as they can resolve the matter faster than going through the court system, can be less expensive, and can be less risky for both the plaintiff and the defendant.
Going to Trial with a Cervical Cancer Case
Once a lawsuit is formally filed, a process known as discovery begins. In discovery, both sides gather and share evidence and information to get a better understanding of the circumstances surrounding the case. This stage helps both sides build their legal strategies. Some of the information shared during discovery may include:
- Medical records
- Medical bills
- Sworn testimony of witnesses and medical experts
- Sworn testimony of the plaintiff and the defendant
When discovery is complete, and the attorneys have built their cases, a trial date can be scheduled. At trial, both sides can present their arguments and give rebuttals. At the end of the cervical cancer case procedure in Florida, the judge or the jury decides if the defendant is liable for compensating the plaintiff’s damages.
Consult with an Attorney to Learn About the Florida Cervical Cancer Case Process
The cervical cancer case process in Florida can be overwhelming, especially to those who are battling cancer or who have recently lost a loved one to cancer. An attorney who understands malpractice laws and cervical cancer cases can help you understand the legal system and could represent you during this process. If you want to learn more about your legal options, call today.
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